Health Care Complaints Commission v Grewal [2023] NSWCATOD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Grewal [2023] NSWCATOD 132 Hearing dates: 1 & 2 May 2023 Date of orders: 31 August 2023 Decision date: 31 August 2023 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member H Dowling, Senior Member T Hehir, Senior Member B Seth, General Member Decision: (1) Under s 149C(1)(c) of the Health Practitioner Regulation National Law (NSW) the Respondent's registration as a pharmacist on the National Register of Health Practitioners maintained by the Australian Health Practitioner Regulation Agency is cancelled from the date of this order. (2) The Respondent is reprimanded pursuant to s 149A(1)(a) of the Health Practitioner Regulation National Law (NSW). (a) failing to disclose a change in her criminal history when lodging an application for renewal of her registration in 2014; (b) failing to notify the National Board within 7 days of being charged on 18 March 2020 with an offence punishable by a term of imprisonment of 12 months or more; and (c) breaching a condition on her registration as a practitioner in December 2019 that she abstain completely from the consumption of alcohol. (3) Under s 149C(7) of the Health Practitioner Regulation National Law (NSW) the Respondent may not make an application under Division 8 to review Order 1 to return to the register until at least three years from the date of this order. (4) Under s 149C(5) of the Health Practitioner Regulation National Law (NSW) the Respondent is prohibited from providing a health service as defined in s 4 of the Health Care Complaints Act 1993 for a period of three years. (5) The Respondent is to pay the costs of the Commission as agreed or failing agreement as assessed under Clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW). (6) The non-publication order made by the Tribunal on 1 May 2023 pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication or disclosure of the name of the Respondent pending the final hearing and determination of this matter is cancelled. Catchwords: Occupations – pharmacist – misconduct and discipline – whether guilty of unsatisfactory professional conduct or professional misconduct – criminal conviction – failure to disclose criminal charges – failure to disclose convictions – breach of conditions – prohibition order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Crimes Act 1914 (Cth), s 16BA Crimes (Administration of Sentences) Act 1999 (NSW) Criminal Code Act 1995 (Cth), s 135.1(1) Health Care Complaints Act 1993, ss 4, 34A(1) Health Practitioner Regulation National Law (NSW), ss 5, 109(1)(b), 130(1), 139B(1), 139E, 144, 149A, 149C, 150, Sch 5D Cl 13 Road Rules 2008 (NSW), s 300 Road Transport Act 2013 (NSW), s 110(3)(a) Cases Cited: Amaca Pty Limited (Under NSW Administered Winding Up) v Roseanne Cleary as the Legal Personal Representative of the Estate of the Late Fortunato (aka Frank) Gatt [2022] NSWCA 151; Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336; Chen v Health Care Complaints Commission [2017] NSWCA 186; Health Care Complaints v Amalakumar [2019] NSWCATOD 173; Health Care Complaints Commission v Bolton [2021] NSWCATOD 160; Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53; Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65; Health Care Complaints Commission v Lidman [2020] NSWCATOD 48; Health Care Complaints Commission v Philipiah [2013] NSWCA 342; Health Care Complaints Commission v Jason Vuong [2022] NSWCATOD 83 Texts Cited: None Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) S Grewal (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (In person) File Number(s): 2022/00301829 Publication restriction: On 28 October 2022 the Tribunal made an order pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting disclosure to any person or entity of the names of the persons set out in the schedule to the complaint filed in the Tribunal.